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Case Name Michigan Savings and Loan League v. Francis FH-MI-0004
Docket / Court 80-1393 ( E.D. Mich. )
State/Territory Michigan
Case Type(s) Fair Housing/Lending/Insurance
Case Summary
Plaintiffs, several Michigan savings and loan associations and an industry trade group, filed suit in the U.S. District Court for the Eastern District of Michigan against the Commissioner of the Michigan bank regulatory agency and the federal Home Loan Bank Board (HLBB). Plaintiffs sought ... read more >
Plaintiffs, several Michigan savings and loan associations and an industry trade group, filed suit in the U.S. District Court for the Eastern District of Michigan against the Commissioner of the Michigan bank regulatory agency and the federal Home Loan Bank Board (HLBB). Plaintiffs sought declaratory relief that they are exempt from regulation under Michigan's anti-redlining state statute. The HLBB cross-claimed against the Commissioner, seeking a declaration from the court that federal law preempted state regulation of redlining. The Commissioner cross-claimed against the HLBB, seeking a declaration that the state statute was not preempted and seeking an injunction against the HLBB advising financial institutions that state anti-redlining statutes were preempted by federal law.

On May 8, 1980, U.S. District Court Judge DeMascio dismissed the complaint and the cross-claims, finding that the court lacked subject matter jurisdiction over the suits. Michigan Sav. & Loan League v. Francis, 490 F. Supp. 892 (E.D. Mich. 1982). Judge DeMascio found that [t]here is no controversy over the applicability of the federal regulations. Federal law arises in this case only as a preemption defense raised by the plaintiffs to the enforcement of the Act, which is the real controversy. The Sixth Circuit affirmed the District Court's dismissal on July 8, 1982. Michigan Sav. & Loan League v. Francis, 683 F.2d 957 (6th Cir. 1982).

Andrew Nash - 06/02/2008


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Issues and Causes of Action
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Issues
Discrimination-area
Lending
General
Funding
Plaintiff Type
Private Plaintiff
Causes of Action None on record
Defendant(s) Michigan Financial Institutions Bureau of the Department of Commerce
Plaintiff Description Group of federally chartered savings and loan associations who were fined due to the implementation of a Michigan State Law prohibiting 'redlining'.
Indexed Lawyer Organizations None on record
Class action status sought None on record
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 1982
Case Ongoing No
Docket(s)
No docket sheet currently in the collection
General Documents
Memorandum Opinion 05/08/1980 (490 F.Supp. 892) (E.D. Mich.)
FH-MI-0004-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
[Order re:] Rehearing and Rehearing in Banc 07/08/1982 (683 F.2d 957)
FH-MI-0004-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion 10/04/1982 (1982 U.S.App.LEXIS 25106)
FH-MI-0004-0003.pdf | LEXIS | Detail
Document Source: LexisNexis
Judges DeMascio, Robert Edward (E.D. Mich.)
FH-MI-0004-0001
Edwards, George Clifton Jr. (Sixth Circuit)
FH-MI-0004-0002 | FH-MI-0004-0003
Engel, Albert Joseph (Sixth Circuit, W.D. Mich.)
FH-MI-0004-0002 | FH-MI-0004-0003
Keith, Damon Jerome (Sixth Circuit, E.D. Mich.)
FH-MI-0004-0002 | FH-MI-0004-0003
Monitors/Masters None on record
Plaintiff's Lawyers Fechheimer, Fred J. (Michigan)
FH-MI-0004-0001 | FH-MI-0004-0002 | FH-MI-0004-0003
Young, Donald S. (Michigan)
FH-MI-0004-0002 | FH-MI-0004-0003
Defendant's Lawyers Gunther, John E. (District of Columbia)
FH-MI-0004-0001 | FH-MI-0004-0002 | FH-MI-0004-0003
Ianni, Robert (Michigan)
FH-MI-0004-0001 | FH-MI-0004-0002 | FH-MI-0004-0003
Kelley, Frank J. (Michigan)
FH-MI-0004-0002 | FH-MI-0004-0003
Shore, Harold B. (District of Columbia)
FH-MI-0004-0002 | FH-MI-0004-0003
Simon, Harvey (District of Columbia)
FH-MI-0004-0002 | FH-MI-0004-0003
Other Lawyers None on record

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